- 1 - NC: 2025:KHC:559-DB WPHC No.21/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL W.P.H.C. NO.21/2024 BETWEEN: SMT. SIMRAN PARVEEN W/O KARAN SINGH AGED ABOUT 37 YEARS OCCUPATION: SERVICE R/AT FLAT NO.202, 36/6 12 A CROSS, 14TH MAIN ROAD SUNSHINE COLONY, BTM 2ND STAGE BTM LAYOUT, BENGALURU BANGALORE-560076. …PETITIONER (BY SMT. POORNIMA U.L. ADV., FOR SMT. PATIL JAYASHREE RAVINDRA, ADV.,) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BANGALORE-560001. 2. THE COMMISSIONER OF POLICE BANGALORE CITY BANGALORE-560001. 3. THE STATION HOUSE OFFICER SHIVAJINAGAR POLICE STATION Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:559-DB WPHC No.21/2024 AND WOMEN'S CELL SHIVAJINAGAR-560051. 4. MR. KARAN SINGH S/O K.K. SINGH AGED ABOUT 39 YEARS TIL BARI, BED COLLEGE MORE, BISHNUPUR BANKURA WEST BENGAL-722122. 5. MR. K.K. SINGH AGED 60 YEARS OCCUPATION: RETIRED TIL BARI B.ed COLLEGE MORE BISHNUPUR BANKURA WEST BENGAL-722122. 6. MRS. MANJU SINGH W/O K K SINGH AGED ABOUT 58 YEARS OCCUPATION : RETIRED TIL BARI B.ED COLLEGE MORE BISHNUPUR BANKURA WEST BENGAL-722122. 7. MR. KUNAL SINGH S/O K K SINGH AGED ABOUT 41 YEARS OCCUPATION : NOT WORKING TIL BARI, B.ED COLLEGE MORE BISHNUPUR BANKURA WEST BENGAL-722122. 8. MR. SHANTI SINGH W/O KUNAL SINGH AGED ABOUT 49 YEARS HOME MAKER TIL BARI, B.ED COLLEGE MORE BISHNUPUR BANKURA WEST BENGAL-722122. …RESPONDENTS - 3 - NC: 2025:KHC:559-DB WPHC No.21/2024 (BY SRI. B.A. BELLIAPPA, SPP-I WITH SRI. M.V. ANOOP KUMAR, HCGP FOR R1 TO R3 R4 TO R8 SERVED AND UNREPRESENTED) THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS OR ANY OTHER WRIT OR DIRECTION TO THE RESPONDENTS TO SECURE THE PRESENCE/BODY OF THE DETAINEE MASTER KULVEER AGED ABOUT 12 YEARS AND PRODUCE BEFORE THIS HONBLE COURT. ISSUE ANY ORDER OR DIRECTION, DIRECTING THE RESPONDENTS NO.1 AND 7 TO FACILITATE THE RETRIEVAL OF THE CUSTODY OF THE DETAINEE MASTER KULVEER AGED ABOUT 12 YEARS AND HANDOVER THE SAME TO THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE ANU SIVARAMAN) The writ petition is filed seeking the following reliefs: "i. Issue Writ of Habeas Corpus or any other Writ or Direction to the Respondents to secure the presence/body of the detainee Master Kulveer aged about 12 years and produce before this Hon'ble Court; ii. Issue any order or direction, directing the Respondents No.1 and 7 to facilitate the retrieval - 4 - NC: 2025:KHC:559-DB WPHC No.21/2024 of the custody of the detainee Master Kulveer aged about 12 years and handover the same to the Petitioner. iii. Pass such other order or direction as this Hon'ble Court may the facts and circumstances of this case in the interest of justice and equity deem fit in." [ 2. Heard the learned counsel appearing for the petitioner and the learned SPP-I along with learned HCGP appearing for the respondent Nos.1 to 3. 3. It is apparent from the pleading in the writ petition that the petitioner and respondent No.4 were husband and wife and that the offspring had been taken away by the respondent No.4 with the petitioner's consent. 4. The contention is that inspite of requests, the petitioner is not being permitted to meet the minor child by the respondent No.4. - 5 - NC: 2025:KHC:559-DB WPHC No.21/2024 5. In these circumstances, we are of the opinion that this is a fit case where the petitioner should approach the Family Court seeking guardianship or custody as the case may be and it is not a case for consideration of issue in the writ jurisdiction of this Court or for issue writ in the nature of Habeas Corpus. 6. In the above view of the matter, the Writ Petition (HC) is closed without prejudice to the right of the petitioner to move an appropriate application before the Family Court concerned. All the contentions are left open to be adjudicated in the said proceedings. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 2 Sl No.: 1